My response to Prof. Peter Lawler on the relationship between conservatism, libertarianism, and competing approaches to judicial review.
My response to Adrian Vermeule.
Steve Sachs responds to Steve Smith
Some thoughts on Eric Posner's and Adrian Vermeule's new project.
I was delighted to see that our co-conspirator, Nick Rosenkranz, has been named to the Board of Directors of The Federalist Society. (As the youngest member of the Board, he represents a promising future for the organization.) Congratulations to Nick, and to The Federalist Society!
Damon Root's new book is an excellent overview of the debate over judicial review between conservatives and libertarians.
I picked The Dagger and the Coin and Originalism and the Good Constitution.
The positive turn answers the dead-hand argument famously leveled against originalism: The earth belongs to the living, so why should constitutional law be controlled by the decisions of the dead?
Supporters of an Israeli withdrawal from the West Bank to create an all-Arab Palestinian state say they wish to preserve Israel as a Jewish state. But when it comes to passing a law simply declaring the status they wish to preserve, they condemn it.
Michael Rappaport responds to Steven Smith.